abuse of discretion

abuse of discretion
"Abuse of discretion" is synonymous with a failure to exercise a sound, reasonable, and legal discretion. It is a strict legal term indicating that appellate court is of opinion that there was commission of an error of law by the trial court. It does not imply intentional wrong or bad faith, or misconduct, nor any reflection on the judge but means the clearly erroneous conclusion and judgment-one is that clearly against logic and effect of such facts as are presented in support of the application or against the reasonable and probable deductions to be drawn from the facts disclosed upon the hearing; an improvident exercise of discretion; an error of law. State v. Draper, 83 Utah 115, 27 P.2d 39; Ex parte Jones, 246 Ala. 433, 20 So.2d 859, 862.
A discretion exercised to an end or purpose not justified by and clearly against reason and evidence. Unreasonable departure from considered precedents and settled judicial custom, constituting error of law. Beck v. Wings Field, Inc., C.C.A.Pa., 122 F.2d 114, 116, 117.
A judgment or decision by an administrative agency or judge which has no foundation in fact or in law.
"Abuse of discretion" by trial court is any unreasonable, unconscionable and arbitrary action taken without proper consideration of facts and law pertaining to matter submitted. Harvey v. State, Okl.Cr., 458 P.2d 336, 338.

Black's law dictionary. . 1990.

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